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HomeMy WebLinkAbout0688ORDINANCE NO. 688 (1976 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADOPTING ARTICLE IV, CHAPTER 5, SECTIONS 4500 THROUGH 4521 OF THE MUNICIPAL CODE, ENTITLED "BINGO GAME REGULATIONS." BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IV, Chapter 5, Sections 4500 through 4521, Bingo Game Regulations, is hereby added to the Municipal Code to read as follows: (See attached text.) SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at., a Regular Meeting held on the 7th day of December 1976, on motion of Councilman Gurnee , seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: 0 688 Ordinance No. "Bingo Game Regulations" Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLE� City Attorney By Allen Grimes (1976 Series) Approved as to content: ewsQ�K City Administrative ficer Acting P lice Chief wV Director inance FINALLY PASSED this 21st day of December , 19 76 , by the following .roll call vote: AYES: Councilmen Petterson, Gurnee, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Norris ATTEST: Y CLERK J.H. FITZPATRICK ARTICLE IV, CHAPTER 5 BINGO GAME REGULATIONS CONTENTS .SECTION 4500. Title. 4501. Definitions. 4502. License Required. 4503. Organizations Eligible for License. 4504. Application for License. 4505. Applicant Must be Qualified. 4506. Content of Application. 4507. Contents of License. 4508. Change in Facts Relating to Application. 4509. Summary Suspension of License. 4510. Maximum Amount of Prize. 4511. Profits to be Kept in Separate Fund or Account. 4512. Financial Interest in Licensee Only. 4513. Exclusive Operation by Licensee. 4514. Bingo Games Open to Public. 4515. Attendance Limited to Occupancy Capability.. SECTION 4516. Bingo Games Conducted Only` on.Licensee's Property. 4517. Minors not to Participate. 4518. Hours of Operation. 4519. Participant must be Present. 4520. Receipt of Profits by a Person a Misdemeanor under State Law. 4521. City may Enjoin Violation. ARTICLE IV, CHAPTER 5 BINGO GAME REGULATIONS SECTION 4500. Title. This Chapter-shall be known and may be cited as the Bingo Game Regulations of the City of San Luis Obispo. SECTION 4501. Definitions. The following terms shall have the following meanings when used in this Chapter: (a) "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. (b) "Eligible Organizations" means those organizations described in Section 4503 hereof. SECTION.4502. License Required. It is unlawful for any person, individual, partnership, corporation, trust, or community chest to hold., operate, maintain or conduct or to knowingly allow to be held, operated, maintained, or conducted upon his, her, or its property a bingo game or games, as defined in this Chapter, in the City unless it shall first obtain in the manner and pursuant to the conditions p'rescr.ibed herein, a license from the Director of Finance to operate, maintain, or conduct such bingo game or games. Said license shall be issued only to eligible organizations described in Section 4503 hereof. SECTION 4503. Organization Eligible for License to Conduct Bingo Games. Corporations, community chests or trusts, organized and operated ex- elusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by Section 23701(d) of the California Revenue and Taxation Code and a contribution or gift to which is a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, are eligible to apply for a license to conduct bingo games in the City under the provisions of Section 326.5 of the California Penal Code and the provisions of this Chapter. SECTION 4504. Application for License. Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application therefor in writing in the Office of the Finance Director on a form to be provided by the Finance Director. Said application shall be signed under penalty of perjury by at least two (2) officers, including the presiding officer, of the cor- poration or community chest and the trustee of any trust. The license issued shall be for a term of one (1) year from the date of issuance, subject to renewal and annual fee. SECTION 4505. Applicant Must be Qualified. No license shall be issued to any organization unless such applicant is an eligible organization under Section 4503 and its application conforms to all applicable laws of this State and all provisions of this Code. SECTION 4506. Content of Application. Said application for a license shall contain the following: (a) The name and address of the applicant organization; (b) A statement by the applicant that it is an eligible organization as described in Section 4503 hereof; (c) A copy of the letter of exemption from the California Franchise Tax Board indicating the applicant is ,an exempt organization under Section 23701(d).of the California Revenue and Taxation Code; (d) A copy of the letter from the Internal Revenue Service in- dicating the applicant is a corporation, trust, or community chest to which a contribution or gift would constitute a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954; (e) The exact location and street address of the property to be used by the applicant for conducting the bingo game; (f) A statement by the applicant that the property described in subsection (6) is owned by the applicant or is leased by the applicant and that said property is used by the applicant for the office or for the performance of the purposes for which the applicant is organized; (g) The proposed days of the week and hours of the day during which bingo games will be conducted; (h) A statement that the applicant.agrees to conduct said bingo games in strict compliance with the provisions of Section 326.5 of the California Penal Code and this Chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City upon violation of any such provisions; (i) The annual license fee fixed by the Council by resolution shall accompany the application; (j) A statement that the applicant agrees that the City through its authorized officers, shall have the right to examine and audit the applicant's records described in Section 4512 hereof. SECTION 4507. Contents of License. Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the Director of Finance shall issue a license to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the license is issued; (b) The address where bingo games are authorized to be conducted; (c) The occupancy capacity of the room in which the bingo games are to be conducted; (d) The date of the expiration of such license; (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this Chapter. SECTION 4508. Change in Facts Relating to Application. The applicant and /or licensee shall notify the Director of Finance in writing of any change in the facts set forth in the application and. accompanying documents within five (5) days after such change. SECTION 4509. Summary Suspension of License Pending Opportunity for Hearing: Misdemeanor to Continue after Suspension: Ravnrat inn _� (a) Whenever it appears to the Director of Finance that the licensee is conducting a bingo game in violation of any of the provisions,of this Chapter, he may summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. Said suspension shall be effective upon service, in the manner prescribed, upon the licensee.of the suspension order described in subsection (c) hereof. Said suspension order shall be served by posting a copy of said order at the address described in the license as the location designated for conducting the said bingo games and by depositing a copy of said suspension order in the United States mail, directed to the licensee at the address given in the application. (b) Any person who continues to conduct a bingo game after any summary suspension thereof, under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Section 1200 of this Code. (c) The order issued under subsection (a) shall also notify the licensee of the grounds for said suspension and shall inform it that it shall have fourteen (14) calendar days from the date of service of such order to request a hearing before the Council to determine whether such license shall be revoked. Failure to request, in writing, such hearing within said fourteen (14) days, shall result in a revocation of the license. Upon said revocation, the licensee shall be notified of such fact by depositing in the United States mail a notice directed to said licensee at the address given in the application. (d) Any licensee whose license is suspended or revoked pursuant to subsections (a), (b) and (c) hereof shall have the right, within fourteen (14) calendar days after service of said suspension order or revocation order to file a written request for hearing to the Council. Such request shall state the specific ground or grounds upon which the licensee con- tends said license should not be revoked. The Council shall hold a hearing regarding the possible revocation of said bingo license within thirty (30) calendar days after receipt by the City of said request for hearing,. or at a time thereafter agreed upon and shall cause the appellant to be given at least ten (10) calendar days written notice of such hearing. At the hearing, the appellant or its authorized representative shall have • the right to prese -nt evidence and a written or oral argument, or both, in support of his appeal. All such testimony, whether written or oral, shall be given under penalty of perjury. The determination of the Council on the appeal shall be final. At the conclusion of the hearing, the Council shall make findings supporting its decision whether the license should be revoked. (e) Any organization whose license is revoked pursuant to subsection (c) hereof shall not conduct any bingo game in the City until such time as the Council, on appeal, determines to set aside said revocation. SECTION 4510. Maximum Amount of Prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. SECTION•4511. Profits to be Kept in Separate Fund or Account. All profits derived from a bingo game shall be kept in a special fund or account and shall'not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenses received or dispersed in connection with its operation, conduct, promotion, supervision and any other phase of the bingo games which are authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the City by.making such record available. SECTION 4512. Financial. Interest in Licensee Only. No individual corporation, partnership, or other legal entity, except the l=icensee, shall hold a financial interest in the conduct of such bingo game. SECTION 4513. Exclusive Operation by Licensee. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game or praticipate in the promotion, supervision or any other phase of such game. SECTION 4514. Bingo Games Open to Public. All bingo games shall be open to the public, not just to members of the licensee organization.' SECTION 4515. Attendance Limited to Occupancy Capability. Notwithstanding that bingo games are open to the public,.attendance at any bingo game shall be limited to the occupancy capacity *of the room in which such game is conducted as determined by the Building Official in accordance with the applicable laws and regulations. The licensee shall. not reserve seats or space for any person. d SECTION 4516. Bingo Games Conducted Only on Licensee's Propert A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this Chapter shall authorize the holder thereof, to conduct bingo games only on such property, the address of which is stated on the application. In the event the described property ceases to be owned or leased by the licensee, used as an office or as a place for performance of the purposes for which the licensee is organized, the licensee shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this Chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the'organization is organ- ized. SECTION 4517. Minors not to Participate. No person under the age of twenty- one(21)years of age shall be allowed to participate in any bingo game. SECTION 451.8. Hours of Operation. No licensee shall conduct any bingo game more than six (6) hours out of any twenty -four (24) hour period. No bingo game shall be conducted, before 10:00 A.M. nor after 2:00 A.M. of any day. SECTION 4519. Participant must be Present. No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. SECTION 4520. Receipt_ of Profits by a Person. a Misdemeanor under State Law. It shall be a misdemeanor under Section 326.5(B) of the Penal Code of the State of California for any person to receive a profit, wage, or salary from any bingo game authorized under this Chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City. SECTION 4521.; City may Enjoin Violation. The City may bring an action in a court of competent jurisdiction to enjoin a. violation of Section 326.5 of the Penal Code or of this Chapter.